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HomeMy WebLinkAbout1994-06-13 ccm ". . MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA June 13, 1994 ***************************** . The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, June 13, 1994, at 3:00 p.m. Present were Mayor Vincent, Commissioner Youngman, Commissioner Stiff, Commissioner Stueck, Commissioner Frost, City Manager Wysocki, City Attorney Luwe and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. None of the Commissioners requested that any of the Consent Items be removed for discussion. Minutes - May 19 and May 31. 1994 Clerk of the Commission Sullivan asked that the Commission also act on that portion of the June 6 minutes pertaining to Courtyard Cottages Subdivision, a copy of which was . included in the Commissioners' packets, since the conditions contained in the minutes will be the basis for the Findings of Fact, which will be on next week's agenda for action. It was moved by Commissioner Youngman, seconded by Commissioner Stiff, that the minutes of the town meeting of May 19 be approved; that the minutes of the regular meeting of May 31 be approved as amended; and that the portion of the minutes of the regular meeting of June 6, 1994, pertaining to Courtyard Cottages Subdivision be approved as amended. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Stiff, Commissioner Stueck, Commissioner Frost and Mayor Vincent; those voting No, none. Mayor Vincent deferred action on the minutes of the regular meetings of May 16, May 23 and June 6. . Signing Notice of special City Commission meeting time (to set early start time) Each of the Commissioners, in turn, signed the notice of the special Commission meeting time. 06-13-94 ..... '= - 2 - Continued Dublic hearing - Commission Resolution No. 2966 - intent to create SID No. 659 - Davina and storm drains - North 19th Avenue from West Oak Street to Baxter Lane: Commission Resolution No. 2982 - intent to create SID No. 662 - Daving and storm drains - North 19th Avenue from West Oak Street to Baxter Lane This was the time and place for the continued public hearing on Commission Resolution No. 2966, as approved by the City Attorney, entitled: . COMMISSION RESOLUTION NO. 2966 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN TO CREATE SPECIAL IMPROVEMENT DISTRICT NO. 659 FOR STREET IMPROVEMENTS FOR THE CONSTRUCTION, INSPECTION AND ENGINEERING CERTIFICATION OF ASPHALT CEMENT PAVING, GRAVEL BASE COURSES AND SUBGRADE PREPARATION, STORM DRAINAGE, AND ALL NECESSARY APPURTENANCES TO CONSTRUCT A 2,390 FOOT PORTION OF NORTH 19TH A VENUE BETWEEN BAXTER ROAD AND WEST OAK STREET, IN THE CITY OF BOZEMAN, MONTANA Mayor Vincent reopened the public hearing. City Manager Wysocki noted that, included in the Commissioners' packets, was a letter from Joseph W. Sabol, dated June 3, stating that both Mr. Saccoccia and Mr. Tschache withdrew their protests to the proposed Special Improvement District No. 659. Also included in the packet was a memo from Director of Public Service Phill Forbes, dated June 10, . recommending that the Commission not create SID No. 659 because it is not in the City's best interests. Since there were no Commission objections, Mayor Vincent closed the public hearing. It was moved by Commissioner Stiff, seconded by Commissioner Stueck, that the Commission determine there are insufficient protests to prevent further proceedings for Special Improvement District No. 659. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Stueck, Commissioner Frost, Commissioner Youngman and Mayor Vincent; those voting No, none. It was moved by Commissioner Stueck, seconded by Commissioner Frost, that, pursuant to staff recommendations, Special Improvement District No. 659 not be created. The . motion carried by the following Aye and No vote: those voting Aye being Commissioner Stueck, Commissioner Frost, Commissioner Youngman, Commissioner Stiff and Mayor Vincent; those voting No, none. City Manager Wysocki then presented to the Commission Resolution No. 2982, as approved by the City Attorney entitled: 06-13-94 --..--...... __'__'0__'- - 3 - COMMISSION RESOLUTION NO. 2982 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN TO CREATE SPECIAL IMPROVEMENT DISTRICT NO. 662 FOR STREET IMPROVEMENTS FOR THE ENGINEERING, CONSTRUCTION, INSPECTION AND ENGINEERING CERTIFICATION OF ASPHALT CEMENT PAVING, GRAVEL BASE COURSES AND SUBGRADE PREPARATION, . STORM DRAINAGE, AND ALL NECESSARY APPURTENANCES TO CONSTRUCT A 2,691-FOOT PORTION OF NORTH 19TH AVENUE BETWEEN BAXTER ROAD AND WEST OAK STREET, IN THE CITY OF BOZEMAN, MONTANA. A copy of this resolution had been included in the Commissioners' packets. The City Manager noted that this resolution states the City's intent to create Special Improvement District No. 662, for paving of North 19th Avenue between Baxter Road and West Oak Street, with the assessments to be based on front footage rather than area. He then recommended that the Commission adopt this resolution and set the public hearing for July 5, 1994. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that Commission adopt Commission Resolution No. 2982, stating the City's intent to create Special Improvement District No. 662, for paving and storm drains to North 19th Avenue from West . Oak Street to Baxter Lane, and set the public hearing for July 5, 1994.The motion carried by the following Aye and No votes: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Stiff, Commissioner Stueck and Mayor Vincent; those voting No, none. Reconsideration of Dreliminarv Dlat - Mathew Bird Creek Subdivision - Garv L. Voiat for Gene Graf - subdivide 26.918 acres into 68 single-family residential lots. Darkland and DubHe streets 5W~. Section 19. T2S. R6E. MPM (south of Spring Meadows Subdivision) (P-9413) This was the time and place set for reconsideration of the preliminary plat application for Mathew Bird Creek Subdivision, as submitted by Gary Voigt for Gene Graf under Application No. P-9413, to allow the subdivision of 26.918 acres located in the southwest one-quarter of Section 19, Township 2 South, Range 6 East, Montana Principal Meridian, into 68 single-family . residential lots, parkland and public streets. The subject parcel is more commonly located south of Spring Meadows Subdivision. Mayor Vincent noted the Commission has considered this item on several different occasions over the past few weeks. 06-1 3-94 --.-..---......- .-------..--- - 4 - Commissioner Youngman stated that after the Commission's initial decision, staff raised some questions; and she felt it was important to make sure that the grounds upon which the Commission decision was based were sufficient. She stated that, after review, she has concluded that the cumulative grounds upon which her decision was based, including multiple . environmental impacts, traffic and transportation concerns, and school impacts, were unresolvable through conditional approval and that those concerns are sufficient to support her original decision. Commissioner Stueck noted he has previously stated for the record that the only thing the Commission needs to do is to develop policy and let people know that there is a chance the properties they are purchasing, which may be zoned for urban infill, may not be approved for development. He stated it is important to warn people before they invest dollars of the potential problems that need to be addressed. He concluded by stating it is a "travesty" for people to come before the Commission to find that they have wasted time and financial resources on a project that is not acceptable. Commissioner Frost stated it is the Commission's responsibility to make the final . decision on development issues; and he takes that responsibility seriously. He stated that he does not believe this project, at this time, meets the public health, safety and welfare criteria because of the transportation system. Commissioner Stiff stated he is "sorely disappointed". He noted the subject property has been held by one family for many, many years; and the City made a commitment many years ago during its annexation and zoning of the property. Mayor Vincent stated that he has cited his reasons for denying this subdivision on two different occasions, based on provisions in the Montana Subdivision and Platting Act; and his position has not changed. It was moved by Commissioner Youngman, seconded by Commissioner Frost, that the Commission deny the preliminary plat application for Mathew Bird Creek Subdivision, as . submitted by Gary Voigt for Gene Graf under Application No. P-9413, to allow the subdivision of 26.918 acres located in the southwest one-quarter of Section 19, Township 2 South, Range 6 East, Montana Principal Meridian, into 68 single-family residential lots, parkland and public streets. The motion carried by the following Aye and No vote: those voting Aye being 06-13-94 .~_. ~ -- _.~-.- ~.._.._.,-~_.. .~ - 5 - Commissioner Youngman, Commissioner Frost and Mayor Vincent; those voting No being Commissioner Stueck and Commissioner Stiff. Ordinance No. 1383 - establish in a cenalties for violations in neiahborhood carkina district . Included in the Commissioners' packets was a copy of Ordinance No. 1383, as approved by the City Attorney entitled: ORDINANCE NO. 1383 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE BOZEMAN MUNICIPAL CODE BY AMENDING SECTION 10.32.390. PERTAINING TO THE PROHIBITION OF IMPROPER USE OF RESIDENTIAL PARKING PERMITS AND ADDING SECTION 10.32.410.B.4 ESTABLISHING THE PENALTY FOR IMPROPER USE OF RESIDENTIAL PARKING PERMITS. City Attorney Luwe stated the intent of this ordinance is to establish penalties for forgery and fraud in conjunction with attempts to duplicate residential parking permits. He stated the penalty is the standard misdemeanor penalty clause, which allows for a fine of up to $500 or a maximum of six months in the County jailor both. He stated that if the crime is . serious enough to be considered fraud, then an appropriate penalty should be established. He then recommended that it be adopted on first reading and brought back in two weeks for second reading and final approval. It was moved by Commissioner Stiff, seconded by Commissioner Stueck, that the Commission pass Ordinance No. 1383, establishing penalties for improper use of residential parking permits in the neighborhood parking district, on first reading and that it be brought back in two weeks for second reading and final approval. The motion carried by the following Aye and No votes; those voting No being Commissioner Stiff, Commissioner Stueck, Commissioner Frost, Commissioner Youngman and Mayor Vincent; those voting No, none. Ordinance No. 1382 - amend zonina designation from A-S to R-S - Tract 1. COS No. 748A; Tracts 1-5. COS No. 748C; and Tracts 3A and 3A 1. COS No. 748B. located in SE%. Section . 1G. T2S. RGE. MPM (bounded bv Bozeman Trail Road. Canary Lane. Fort Ellis Road and Clover Meadows Subdivision) Included in the Commissioners' packets was a copy of Ordinance No. 1382, as approved by the City Attorney, entitled: ORDINANCE NO. 1382 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, 06-13-94 - 6 - MONTANA, AMENDING THE BOZEMAN ZONE MAP'S ZONING DISTRICT DESIGNATIONS FROM AN "A~S" (AGRICUL TURAL--SUBURBAN) DISTRICT TO "R-S" (RESIDENTIAL--SUBURBAN), ON TRACT 1, CERTIFICATE OF SURVEY NO. 748A, TRACTS 1-5, CERTIFICATE OF SURVEY NO. 748C, AND TRACTS 3A AND 3A 1 (REMAINDERS) OF CERTIFICATE OF SURVEY NO. 748B, ALL SITUATED IN THE SOUTHEAST ONE-QUARTER OF SECTION 16, TOWNSHIP 2 SOUTH, RANGE 6 EAST, MONTANA PRINCIPAL MERIDIAN, IN THE CITY OF BOZEMAN, GALLATIN COUNTY, . MONTANA. Clerk of the Commission Sullivan reminded the Commission that the public hearing on the Zone Map Amendment from A-S, Agricultural--Suburban, to R-S, Residential--Suburban on the subject property was held on November 15, 1993, after which the Commission determined the requested rezoning was appropriate. She noted this property is the parcel upon which the Fort Ellis Leisure Community has been proposed. She then recommended that the Commission adopt this ordinance on first reading, reminding the Commission that adoption of the ordinance is the last step on the zone map amendment process. It was moved by Commissioner Stueck, seconded by Commissioner Frost, that the Commission adopt Ordinance No. 1382, to amend the zoning designation from A-S, Agricultural--Suburban District, to R-S, Residential--Suburban Country Estates District, on Tract . 1, Certificate of Survey No. 748A; Tract 1-5, Certificate of Survey No. 748C; and Tracts 3A and 3A 1, Certificate of Survey No. 7488, located in the Southeast one-quarter of Section 16, Township 2 South, Range 6 East, Montana Principal Meridian, and on first reading and that it be brought back in two weeks for second reading and final approval. The motion carried by the following Aye and No vote: those voting No being Commissioner Stueck, Commissioner Frost, Commissioner Youngman, Commissioner Stiff and Mayor Vincent; those voting No, none. ADDointment to Audit Committee Included in the Commissioners' packets was a memo from Clerk of Commission Sullivan, dated June 10, forwarding a listing of applicants for appointment or reappointment . to the various boards and commissions. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission reappoint Ken Vail to the Audit Committee, with a two-year term to expire on February 28, 1996. The motion carried by the following Aye and No vote: those voting Aye 06-1 3-94 - 7 - being Commissioner Frost, Commissioner Youngman, Commissioner Stiff, Commissioner Stueck and Mayor Vincent; those voting No, none. ADDointments to Bozeman Beautification Advisorv Board . It was moved by Commissioner Frost, seconded by Commissioner Youngman, that Claudia Lee Foster be appointed to replace Pam Bryan; Steven Dobbie be appointed to replace Emily Swanson; and Patty-Rae Slothower be appointed to replace Sue Higgins, to the Bozeman Beautification Advisory Board, all with three-year terms to be effective for the period July 1, 1994 through June 3D, 1997; and that Matthew E. Brower be appointed to replace Eric Arneklev; and Peggy H. McLeod be appointed to replace Katherine Ball, with terms to expire on June 3D, 1995. T he motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, CommissionerStiff, Commissioner Stueck and Mayor Vincent; those voting No, none. AODointment to Bozeman Area Bicvcle Advisorv Board . It was moved by Commissioner Stiff, seconded by Commissioner Youngman, that the Commission appoint Bob Allen to replace Dan Wilham on the Bozeman Area Bicycle Advisory Board, with a term to expire on December 31, 1995. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Youngman, Commissioner Frost, Commissioner Stueck and Mayor Vincent; those voting No, none. Commissioner Youngman noted the number of energetic, qualified applicants who have applied for this board. She then suggested that the membership be expanded to seven members, allowing for more people to become involved and to provide some consistency on this board, given the high turn-over rate. City Attorney Luwe reminded the Commission that the documents creating this board must be amended to allow for expansion of the membership. He then suggested that the . language be revised to provide for a five- to seven-member board, so that the board can continue to operate at full strength with only five members. ADDointments to Bozeman Tree Advisory Board It was moved by Commissioner Frost, seconded by Commissioner Youngman, that 06-1 3-94 - - 8 - the Commission reappoint Kenneth M. Baker and Shelly Engler to the Bozeman Tree Advisory Board, with two-year terms to expire on June 30, 1996. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Stiff, Commissioner Stueck and Mayor Vincent; those voting No, none. . Appointments to CDGB Economic Development Revolving Loan Review Committee Responding to Mayor Vincent, Clerk of the Commission Sullivan stated only one application has been received for three vacancies on this committee. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission appoint Jacqueline M.K. Engdahl to replace Linda Wycoff as the Gallatin Development Corporation representative on the Community Development Block Grant Economic Development Revolving Loan Review Committee, with a three-year term to be effective for the period July 1, 1994 through June 30, 1997. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Stiff, Commissioner Stueck and Mayor Vincent; those voting No, none. . Appointment to CDSG Loan Review Committee Responding to Mayor Vincent, the Clerk of the Commission stated that two applicants are eligible for one of the positions; however, no applications were received for the other vacancy. It was moved by Commissioner Stueck, seconded by Commissioner Frost, that the Commission appoint Mary Margaret Kelly to replace Richard C. Nellen as a legal professional on the Community Development Block Grant Loan Review Committee, with a three-year term to be effective for the period July 1, 1994 through June 30, 1997. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stueck, Commissioner Frost, Commissioner Youngman, Commissioner Stiff and Mayor Vincent; those voting No, none. . Appointment to City-County Board of Health It was moved by Commissioner Frost, seconded by Commissioner Stueck, that the Commission appoint Warren L. Jones to replace Linda Belflower on the City-County Health Board, with a term to expire on June 30, 1996. The motion carried by the following Aye and 06-13-94 -.-.---. -.- - 9 - No vote: those voting Aye being Commissioner Frost, Commissioner Stueck, Commissioner Stiff, Commissioner Youngman and Mayor Vincent; those voting No, none. ApDointments to Design Review Board . It was moved by Commissioner Youngman, seconded by Commissioner Stiff, that the Commission reappoint Cliff Chisholm and appoint Matthew E. Brower to replace Ron Hess as professional architects on the Design Review Board, with two-year terms to be effective for the period July 1, 1994 through June 30, 1996. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Stiff, Commissioner Stueck, Commissioner Frost and Mayor Vincent; those voting No, none. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission reappoint John DeHaas as the architectural historian on the Design Review Board, with a two-year term to expire on June 30, 1996. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Stiff, Commissioner Stueck and Mayor Vincent; those voting No, none. . Commissioner Youngman noted that the Commission will be considering a batch of zone code amendments in a public hearing format at next week's meeting. A mong those amendments is one which restructures the Design Review Board, eliminating the non- professional positions. She suggested that, rather than appointing someone at this time, knowing the strong potential that the position will no longer exist in a few months, it may be more appropriate to leave that position vacant. Following discussion on various alternatives, the Commissioners determined it would be best to appoint someone to fill the position until it is eliminated. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission appoint Kim D. Walker to replace Nick Davis as a non-professional on the Design Review Board, with a two-year term to be effective for the period July 1, 1994 through . June 30, 1996. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Stiff, Commissioner Stueck and Mayor Vincent; those voting No, none. 06-1 3-94 n_._. ..__n..._.____._.__._ - 10- ADDointments to Historic Preservation Advisorv Commission Commissioner Youngman noted that, in response to several questions, Clerk of Commission Sullivan has prepared a memo, dated June 13, listing the requirements for each of the positions on this commission. She then stated that the new listing also reflects the fact . that Duane Simon is eligible to serve as a neighborhood representative as well as a professional. It was moved by Commissioner Youngman, seconded by Commissioner Frost, that the Commission appoint Linda Bell to replace Ron Hess as a professional on the Historic Preservation Advisory Commission, with a two-year term to be effective for the period July 1, 1994 through June 30, 1996. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Frost, Commissioner Stueck, Commissioner Stiff and Mayor Vincent; those voting No, none. It was moved by Commissioner Youngman, seconded by Commissioner Frost, that Duane David Simon be appointed to replace Chris Boyd as a neighborhood representative on the Historic Preservation Advisory Commission, with a two-year term to expire on June 30, . 1996. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Frost, Commissioner Stueck, Commissioner Stiff and Mayor Vincent; those voting No, none. It was moved by Commissioner Stiff, seconded by Commissioner Frost, that Alice G. Fryslie be reappointed and Anna Lee Purdy be appointed to replace Don Bachman, as at-large representatives on the Historic Preservation Advisory Commission, with two-year terms to be effective for the period July 1, 1994 through June 30, 1996. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Frost, Commissioner Stueck, Commissioner Youngman and Mayor Vincent; those voting No, none. ApDointment to Library Board of Trustees . It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission appoint Brenda Molen Davis to replace Karen Vinton on the Library Board of Trustees, with a five-year term to be effective for the period July 1, 1994 through June 30, 1999. The motion carried by the following Aye and No vote: those voting Aye being 06-1 3-94 - 11 - Commissioner Frost, Commissioner Youngman, Commissioner Stiff, Commissioner Stueck and Mayor Vincent; those voting No, none. ADDointments to Parking Commission . It was moved by Commissioner Stueck, seconded by Commissioner Frost, that the Commission reappoint Tim Fitzgerald to the Parking Commission, with a four-year term to expire on June 30, 1998. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stueck, Commissioner Frost, Commissioner Youngman, Commissioner Stiff and Mayor Vincent; those voting No, none. ADDointment to City-County Planning Board Commissioner Stueck nominated Donald E. Cape, Sr.; Commissioner Stiff seconded the nomination. Commissioner Frost nominated Frank Boschi; Commissioner Youngman seconded the nomination. . On a roll call vote, Commissioner Stiff and Commissioner Stueck supported Donald E. Cape, Sr; and Commissioner Frost, Commissioner Youngman and Mayor Vincent supported Frank Boschi. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission appoint Frank Boschi to replace Kelly Wiseman on the City-County Planning Board, with a two-year term to expire on June 30, 1996. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Stueck and Mayor Vincent; those voting No being Commissioner Stiff. ConceDt Dlan review for Cupola Park - mixed use deyeloDment on 58-acre site located between Broadway. East Main and the 1-90 corridor - Roaer Craft. Raiah and Associates (2-9459) . This was the time and place set for the Concept Plan review for Cupola Park, as submitted by Roger Craft, Rajah and Associates, under Application No. 2-9459, to allow mixed use development on a 58-acre site located between Broadway, East Main and the 1-90 corridor. Senior Planner Kevin Wall presented the staff report. He reminded the Commission that this is a concept plan review, in which the big picture is to be considered. He then stated 06-13-94 --. -- - -.- - 12 - the reason for this review is to consider a proposal for a mixed use development, which includes out-of-district uses. He noted the subject parcel is zoned B-2, Community Business, and M-1, Light Manufacturing; and the uses proposed include commercial, industrial and residential uses. He stated that, in addition to providing residential uses on the second floor . of some of the commercial and industrial buildings, the applicant is proposing some free- standing multi-family residential uses, which are not typically allowed in the M-1 zoning district. The Senior Planner stated this concept plan has been reviewed by the Development Review Committee and the Design Review Board; and copies of the minutes from those meetings have been included in the Commissioners' packets. He noted that the Planning Board will review this concept plan at an upcoming meeting. He stated concerns have been raised about the wetlands. He also asked the Commission to specifically address the street standard which is to be provided as well as the proposal for mixed uses. He stated the applicant is proposing a street section which has two 14-foot-wide driving lanes, 8-foot-wide parking lanes on each side, and a sidewalk adjacent to the back of the curb. Mr. Keith Swenson, designer representing Rajah and Associates, provided an . extensive presentation on the concept plan for development of the subject 58-acre tract. He noted the subject site is located six blocks from downtown, and is entirely inside city limits. He stated that, primarily because of a wetland area on the site, a 100-year floodplain and a 500-year flood district, because it is traversed by both the Mill Ditch and the Story Ditch, and because of topography, no efforts have yet been made to develop the parcel. Although a portion of the site is zoned B-2, a majority of the site is zoned M-1. Mr. Swenson stated that a sewer main runs through the center of this parcel; and a water line and other utilities are adjacent to the site. Access would be gained from East Main Street, East Mendenhall Street and Broadway Avenue. He provided sketches of the site to orient the Commissioners and to reflect the concerns. He noted that under this concept plan, Highland Boulevard is to be extended across East Main Street and through the subject site, as . a part of the belt loop around the community that has been identified in both the transportation plan and the master plan. Mr. Swenson stated that at the present time, there is a mix of commercial, industrial and residential uses bounding the subject site. He noted the amount of industrial traffic which currently travels through the residential neighborhood, stating that the belt loop would help to 06-13-94 ------ - 13 - alleviate much of the conflict currently encountered because of that traffic. He recognized that the extension of the belt loop across the subject parcel will require some extensive engineering, particularly because of the steep slope north of East Main Street and the wetlands it will cross. Mr. Swenson noted that the Gallagater Park currently ends at the CMC Railroad . property on the south side of Main Street. The applicant is proposing a pedestrian/bicycle facility through the subject site, which would allow those using the trail system to access the Story Mill trail. It would also provide easy access to the pedestrian/bicycle facility that is to be constructed along Highland Boulevard. Mr. Keith Swenson showed a series of sketches depicting views on the site as well as from the site. He noted that the site is visible from the interstate; and this proposed development of the property would enhance that view. He noted the old Jersey Dairy barn that exists on the site, stating that building is to be relocated and rehabilitated and incorporated into the development of the site. Also, the old railroad trestle is to be saved and incorporated into the project, since both of those items are reflective of Bozeman's heritage. Mr. Swenson stated that approximately seven acres of the site probably qualify as . functioning wetlands, given the vegetation and soils. Another portion could be classified as "nominal wetlands"; and that portion is currently serving as horse pasture. Mr. Swenson stated that the clean-up of hazardous wastes has been identified as an issue to be addressed. There is a potential that a petroleum tank is buried on the property. Also, dumping over the bank has occurred in several places on the site; and that debris is to be cleaned up. Mr. Keith Swenson stated that access to the site is to be through the extension of East Mendenhall Street; and that street is to connect to the extension of Highland Boulevard/East Front Street. The most intense development is to occur in the southwest corner of the site. He then showed a sketch of the East Mendenhall Street extension. Under this proposal, six 12,000-square-foot buildings are to be constructed along the street frontage. . Those buildings are to be located close to the street, in keeping with Main Street development, with all parking to be located behind the structures. East Mendenhall Street is to be constructed as a 44-foot-wide street with sidewalks located immediately behind the curb. Since this is wider than the 37-foot-wide street standard, the applicant proposes to construct landscape bulbs at the intersections to provide a more pedestrian-friendly atmosphere. He 06-13-94 - 14 - recognized that the bulbs can create maintenance problems for the City, so he proposed that the City be responsible for maintaining the center 28 feet of the street and that the applicant accept responsibility for the remaining 16 feet. Mr. Swenson stated that only the building pods within this development are to be . sold. All of the parking, wetlands and open space will be owned and maintained by the association. The large buildings can be divided into spaces of approximately 2,000 square feet each. While the buildings can be customized to accommodate a business, care will be taken to place the windows and doors so they do not dramatically impact the exterior appearance. The main floor is to be used for commercial or industrial uses; and a partial second floor is planned on each of the structures, which will be designed to accommodate four to eight apartments. Mr. Swenson stated the wetlands are to be protected and enhanced. He noted that any activity in that area will be done under the appropriate permits, and under the direction of the Army Corps of Engineers, the Montana Department of Fish, Wildlife and Parks, and the Department of Natural Resources and Conservation. He stated that of the thirty acres in . functioning and nominal wetlands, six acres is to be dedicated for street right-of-way. The remaining 22 acres will be enhanced so that the entire area serves as functioning wetlands. That area is to be used as the detention/retention area for the site. Mr. Keith Swenson stated that a public/private partnership is essential to make this proposed development work. He asked that, in exchange for the dedication of an important linkage for the belt loop and looping of the water system, the City allow for flexibility in relocating the existing sewer main, which currently traverses the functioning wetland. He asked the Commission to give favorable consideration to the proposed street section for East Mendenhall Street and provide a response to the proposal for mixed uses. Responding to Commissioner Frost, Mr. Swenson stated he anticipates either some multi-family residential development or possibly a motel complex near the new arterial roadway. . He suggested that the banks along the northeast portion of the site could lend themselves well to this type of development; and that development could take advantage of the view of the wetlands area. Further responding to Commissioner Frost, Mr. Swenson stated that the slope on the extension of Highland Boulevard is to be a 3 % -percent grade. He indicated that sensitivity is 06-13-94 ------ -- --- - - - ------ -.-..-.--.--.....---.-- --- --....---. ..- ----- --- - ..._ _....____._._ u..__.______ - 15 - to be exercised when determining the exact road alignment, to minimize impacts on the wetlands and to avoid dividing the wetlands. Commissioner Frost stated the subject site is a beautiful one, emphasizing the importance of protecting the wetlands. He then noted he has no problem with the proposed . street section, stating that he likes the downtown business district feeling. Mr. Swenson stated that this development is proposed with the first six buildings located close to the street, to give the downtown type of feeling. Once inside the development, all other buildings are to be set back, to create more of a conventional suburban type of feeling. The parking areas are to be constructed with slightly depressed strips of grass between strips of parking spaces. This grass will serve to cleanse storm water as it moves across the site to the wetlands. Commissioner Frost then stated his support for constructing residential units on the second floors of the buildings; and he feels that type of development should be encouraged. Commissioner Youngman stated her strong support for the idea of upstairs apartments, noting it provides a nice extension of the downtown area. . Responding to questions from Commissioner Youngman, Mr. Swenson stated that a plant pathologist surveyed the site, in an effort to determine the extent of the wetlands area. He noted that the actual wetlands area was larger than originally thought. He then indicated that industrial development is proposed for the northwest corner of the site. Further responding to questions from Commissioner Youngman, Mr. Swenson stated the trail corridor is to be located along the railroad corridor. He stated the 1 5-foot-wide trail is to be set in a 25-foot-wide corridor; and that corridor is immediately adjacent to the 100- foot-wide railroad corridor. Commissioner Youngman noted the importance of meeting with people from the neighborhood, stating that can make a big difference in acceptance of a project. She noted that the residents of the northeast portion of Bozeman have been impacted by various e activities; and it is important to be sensitive to their desires. Commissioner Youngman then emphasized the importance of taking steps to ensure that storm water run-off entering the wetlands does not contain any pollutants that might negatively impact vegetation. 06-1 3-94 --....--. ... -..-".. - 16 - Mr. Swenson stated that the series of landscape strips in the parking lots are designed to filter run-off before it enters the wetlands. Commissioner Youngman stated she feels the proposed road section, including the bullnoses, is appropriate. She then cautioned that the mix of residential and industrial uses in . that general area has typically proven contentious and unsuccessful; however, she noted that if the uses can be mixed harmoniously within the proposed development, she would find that proposal acceptable. Commissioner Stiff stated he is very concerned about the movement of traffic. He then asked about the extension of Highland Boulevard from East Main Street to the subject property and the distance. Mr. Roger Craft, applicant, stated his property is approximately 150 feet from Main Street. He noted that concern has also been raised about terminating the extension of Highland Boulevard at the edge of his property; and he is willing to work with the City in getting that roadway extended the additional 700 feet to Broadway Avenue. He cautioned that the routing of that extension must be carefully considered, particularly since a white office building is . located immediately across from the end of Highland Boulevard at the present time. Responding to Mayor Vincent, Mr. Swenson stated that as development proposals are brought forward to the City for consideration, they will seek to relocate the sewer line so that it runs along the toe of the slope for the road extension rather than running through the wetlands. He suggested that with that relocation, it might be possible to locate a bikeway along the sewer line, providing a nice area from which to view the wetlands and wildlife. Mayor Vincent cautioned that extreme care be taken to protect the wetlands area when moving earth on the site, particularly in light of the large amount of fill that will be needed to construct the roadway, and its close proximity to the wetlands. He also expressed some reservations about relocating the wetlands and the negative impact that might have on that sensitive portion of the site. e Mayor Vincent stated he feels that incorporating residential development into this industrial/commercial zoning is a good idea, noting it can create a unique environment. He cautioned, however, that the developer must be sensitive to potential impacts on the neighborhood, particularly because of various problems that neighborhood has had with industrial uses over the past few years. He emphasized that if the developer addresses the 06-13-94 _un _n__ ,>:,~.._- .. '7I~."""O':"". .._..;;;;;:-- - 17 - residential concerns upfront, it will help to expedite this project. He then encouraged the developer to work closely with the neighborhood throughout this process. Responding to questions from Commissioner Stueck, Mr. Swenson indicated that the sewer line is a gravity flow; and during its relocation, care must be taken to ensure the proper . slope is maintained. He stated that if that line is not appropriately relocated, it could be forty to fifty feet below ground level. Mr. Keith Swenson noted that from the Commissioner comments, it appears that the mixed use concept is generally well like, if it is done in a manner that promotes compatibility. Also, the proposed roadway section seems to be generally accepted. He then thanked the Commission for its input on this concept plan. Reauest for Dermission to address Commission re sculDture Dark on North 7th Avenue - Beautification Advisorv Board Included in the Commissioners' packets was a memo, from Derek Strahn, the City staff person for the Beautification Advisory Board, dated June 9, 1994, forwarding four alternatives for further action on the Sculpture Park, as identified by the Board, along with a . map of the Sculpture Park, showing its size and configuration. Beautification Advisory Board Chair Sue Higgins stated the Board has requested permission to address the Commission because it is seeking advice and guidance regarding development of the North 7th Avenue Sculpture Park. She noted that the park has been developed and is ready for the placement of a sculpture, after the expenditure of $20,000 and much time, effort and community involvement. She reminded the Commission that last year, a sculpture selection committee was created, as a sub-committee of the Beautification Advisory Board, to conduct a competition for selection of a sculpture that would represent Bozeman. Following that competition, the committee chose Gary Bates' submittal, which is named Lunar Kecherschmitt. A $30,000 fund raising effort was undertaken to fund that piece; and to date, e $9,090.41 has been raised. The memorandum of understanding between the City and Mr. Bates gave until June 1, 1994, to complete the fund raising; and the Board and Mr. Bates have agreed to extend that period for another sixty days, to August 1, 1994. Ms. Higgins stated that the Board has identified four alternatives which could be 06-13-94 - 18 - pursued after the August 1, 1994 expiration of the extension for fund raising efforts has ended. She summarized those alternatives, as follows: 1. The Commission could attempt to negotiate with Mr. Bates to either extend the length of the memorandum of agreement, decrease the cost of the selected sculpture, or choose another sculpture. . 2. The concept for the Sculpture Park could be expanded, to allow a variety of styles and sizes of sculptures to be erected in the park instead of a single sculpture. Due to the size limitations of the park, this could become difficult to accomplish. 3. The memorandum of agreement with Mr. Bates could be allowed to expire and return donations to their contributors. Under this option, a new selection process could be initiated at some time in the future. 4. The Sculpture Park could be designed to accommodate several pieces of sculpture with a permanent focal piece and several loaner or exchangeable pieces. Chair Sue Higgins noted that fund raising efforts have not been undertaken in the past few months because the Board has had only four members, due to resignations. She noted that with the appointment of new members, the Board could be once again energized to . undertake fund raising activities if that is the Commission's direction. Commissioner Stueck stated this proposal was submitted to the Recreation and Parks Advisory Board at its last meeting; and that Board voted in favor of the second alternative. He suggested that expanding the number of sculpture pieces for which fund raising efforts are undertaken could increase the amount of monies generated through those efforts. Commissioner Frost stated he supports a combination of Nos. 1 and 2. He stated his support for keeping Mr. Bates' sculpture in the park, but he also feels that expanding the park to accommodate additional pieces, representing different kinds of art, would be beneficial. He suggested that those pieces could serve to attract more people; and they could possibly play off one another. Commissioner Youngman expanded on Alternative No.2. She stated that with an e expanded format, and more sculptures included, it might be easier to attract grant monies and to tap into other sources of funding that are not available when only a single piece is being considered. She stated that proposals which include a number of pieces of art tend to be more successful in the grant writing process than single pieces. 06-13-94 -------..-----.-..----- .. ,..... ----.---- -..--.-- . '~-'".,.", -. -'~,"-~:--"",- .----------- .~ .. - 19 - Chair Sue Higgins stated it is the Board's hope that if an expanded sculpture park is successfully installed at this site, it may encourage the placement of sculptures on other sites throughout the community as well. She then cautioned that the park is not as large as the Board had originally thought; therefore, it may be difficult to include a large number of pieces . on this site. Commissioner Youngman stated she supports Alternative No, 2. She noted the diversity of art is appealing; and she feels that Mr. Bates' piece should be a part of the park. Mayor Vincent stated he chose to abstain from the vote in which Mr, Bates' piece was selected. He noted that, while he feels that Mr. Bates' sculpture could appropriately be placed in a highly visible site in the community, he recognizes that most of the people in Bozeman did not feel that it was the best selection for the subject site. He stated that the idea of expanding the park concept to include other pieces is a good one. The Mayor then stated that after the sixty-day extension has expired, he feels that other alternatives and options might be considered. He showed the Commission a small bronze of a larger one which is being completed by Ms. Pat Mathiesen, another local sculptor. He . stated that the 7-foot-tall version of this statute of Sacajawea is to be placed on the American Federal property at the corner of North 7th Avenue and Durston Road upon its completion. He noted, however, that if the Gary Bates sculpture does not receive adequate funding within the next sixty days and if the project is abandoned, Ms. Mathiesen has stated a willingness to relocate her sculpture to the Sculpture Park. He stated that the $30,000 piece has essentially paid for through the sale of the smaller sculptures; and it would be deeded to the City at the time of installation, at no cost to the City. Mayor Vincent stated he feels that the sculptures placed in the Sculpture Park should be tourist friendly. He suggested that some smaller sculptures could be included in the park, some that small children could identify with. Responding to questions from the Commission, Mr. Bates stated his sculpture is 18 . feet tall. Commissioner Stueck stated it is his assumption that if the Commission decided to expand the concept for the Sculpture Park and include Mr. Bates' piece as one of many, the first $30,000 raised would be for that sculpture. 06-13-94 . ....-...- - --.~- -.. .- -~ - -. ..--.-.... . ..._.._.._~~~.~. ,...--'-'.~-'.,.......... . 20 . Mayor Vincent suggested that it may not be necessary for the City to purchase all of the pieces placed in the park. He noted that some pieces may be placed there on loan. Commissioner Stueck stated he feels that Alternative Nos. 1, 2, 3 and 4 could be combined; and he feels that might provide the best alternative to follow. He noted that during . his campaign, many people indicated that they did not feel the modern sculpture was representative of Bozeman. He stated concurrence with that position, noting he prefers the sculpture of Sacajawea. He then forwarded his support for expanding the number of pieces to be included in the Sculpture Park, stating he does not believe a single piece can adequately represent Bozeman and feels multiple pieces would be more appealing. Chair Sue Higgins reminded the Commission that the sculpture selection committee was comprised of several individuals with strong expertise in this field. She then asked if the Board is to appear before the Commission once again after the sixty.day extension has expired to determine how to proceed. Mayor Vincent responded in the affirmative. Commissioner Youngman suggested that the concept of a multiple sculpture park . could dramatically impact the fund raising campaign. Ms. Daria Joyner, Executive Director of the Bozeman Area Chamber of Commerce, reminded the Commission that the visitors' center is located on this site. She further reminded the Commission that the eventual incorporation of restrooms on this site was anticipated with the relocation of the visitors' center and the installation of the Sculpture Park. She also suggested that, rather than trying to squeeze too many sculpture pieces on one site, it might be better to spread them out along the street, thus enhancing a longer stretch of the street. Staff support person Derek Strahn noted the Sculpture Park is approximately 65 feet by 11 7 feet. He stated that in conversations with Mr. Keith Nye, Darigold, he has stated a willingness to contribute $2,500 toward public restrooms, if the City will install signage along North 7th Avenue which will keep visitors from parking in Darigold's parking lot. . Mayor Vincent stated he received a letter from Pamela Harr just prior to this meeting. He then stated he will have copies of that letter distributed to all of the Commissioners, so they have information about other activities occurring in the community. Responding to questions from Staff person Strahn, the Mayor suggested that the park be buffered from North 7th Avenue as much as possible, citing the use of trees and shrubbery 06-1 3-94 '.,""""':".f1.,,:., ~,,~;:,:,",,",- .-'.....----.- ....-. ,-. -- - 21 - as an example. He suggested that, while the Sculpture Park should not be hidden from the street, the street noises should be mitigated as much as possible to make this a nice place to visit. Commissioner Frost stated he does not feel that he is competent to select a sculpture . for the City. Commissioner Youngman suggested that a popular selection process could work, depending on how it is done. She cautioned that there is concern in the artistic community about that approach. Mayor Vincent characterized the Sculpture Park as just the beginning of displaying art throughout the community. Mr. Gary Bates, sculptor, stated he has worked with committees all over the United States; and the committee which was established in Bozeman is the best he has ever worked with. He noted they asked the right questions about maintenance and safety to ensure that the most appropriate sculpture was selected. He then encouraged the Commission to recognize the number of volunteer hours that were spent in the selection process. . Mr. Harvey Rattey, husband of Pamela Harr and local sculptor, stated he and his wife are western artists. He stated concurrence with Mr. Bates' comments. He then noted that a number of local people have the opinion that if it is modern, it's not art. Mr. Rattey then addressed the letter which his wife had written. He stated that for quite some time, they have worked in conjunction with the Lions Club to raise monies for emergency response services at the Gallatin County Sheriff's office. In conjunction with that project, Pamela Harr has created a limited edition bronze sculpture entitled Waiting for the School Bus, which is three dogs sitting beside a mailbox waiting for the school bus to arrive. He stated that, in conjunction with renovation of the Law and Justice Center, a larger version of this bronze is being dedicated to the law enforcement activities of the County and will be placed in front of that structure. . Ms. Sue Higgins thanked Mr. Bates for his patience through the entire sculpture selection and fund raising processes. Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your 06-13-94 - 22 ~ Information" items. (1 ) Copy of a letter from the Montana Department of Transportation announcing that the City's application for CTEP monies for the North Rouse Avenue pedestrian/bike path has been approved. . (2) Memo from City Attorney Luwe, dated June 6, informing the Commission that, rather than forwarding a resolution for temporary closure of Perkins Place, subject to certain conditions, he will wait until after a satisfactory easement for a turn around area has been obtained before forwarding the resolution of closure. (3) Late submittals from Arlene Wylie, 106 Silverwood; Priscilla Westesen; John and Ann Milner, 3330 Sundance Drive; Susan P. Billion, 105 Silverwood; Jessie Nelson, 9 Trails End Road; and a petition from several residents, all regarding the Mathew Bird Creek Subdivision. (4) Letter from Edward M. Dobson, 118 South 15th Avenue, #1, dated May 31, as a follow-up to the town meeting. (5) Copy of a letter to the editor from a recent edition of the Bozeman Daily . Chronicle regarding the price of gas in Bozeman. (6) Copy from a recent article in the Billings Gazette announcing that the Billings City Council will meet twice a month, starting in July. (7) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, June 14, 1994, at the Carnegie Building. (8) Agenda for the Design Review Board meeting to be held at 3:30 p.m. on Tuesday, June 14, 1994, at the Carnegie Building. (9) Agenda for the County Commission meeting to be held at 1 :30 p.m. on Tuesday, June 14, at the Courthouse, along with minutes from their public meeting of May 31 . (10) Commissioner Frost showed the Commissioners some photographs of an affordable housing project in southern Florida. . (11 ) Commissioner Stiff stated that he spent most of last week out of Montana; and he toured a couple beautiful communities that don't have near the amount of regulation that Bozeman has. He also noted that he attended a practice session of the Mormon Tabernacle Choir, which was an enjoyable 1 % hours. 06~ 13-94 . --- - 23 - ( 12) Clerk of the Commission Sullivan reminded the Commission that the agenda for next week's meeting includes several public hearings in the evening. Consent Items . City Manager Wysocki presented to the Commission the following Consent Items. Reauest for extension of building cermit for Dickinson Manor maior site clan (corner of North 22nd Avenue and Durston Road) throuah December 31 , 1994 Staff recort - annexation of 3.557-acre Darcel know as Tract A. COS No. 573 located in the SW%. Section 13. T2S. R5E. MPM (1800 West Kagv Boulevard) Commission Resolution No. 2980 - intent to annex 3.557-acre Darcel known as Tract A. COS No. 573 located in the SW%. Section 13. T2S. R5E. MPM (1800 West Kaay Boulevard): set public hearing for July 18. 1994 COMMISSION RESOLUTION NO. 2980 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, THE INHABITANTS THEREOF AND THE INHABITANTS OF A TRACT OF LAND CONTIGUOUS TO SAID CITY OF BOZEMAN, AND . HEREIN MORE PARTICULARL Y DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF. Commission Resolution No. 2981 - change Commission meetina time for summer months to 3:00 c.m. on Mondays COMMISSION RESOLUTION NO. 2981 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, CHANGING THE TIME OF THE REGULAR MEETINGS OF THE CITY COMMISSION OF THE CITY OF BOZEMAN. Commission Resolution No. 2983 - establishing fees for neighborhood residential carkina district COMMISSION RESOLUTION NO. 2983 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING RESIDENTIAL AND VISITOR PARKING PERMIT FEES AND PERMIT TRANSFER FEES FOR THE MONTANA STATE UNIVERSITY RESIDENTIAL ON-STREET PARKING PERMIT REGULATION . PROGRAM. Ratify appointment of James Drummond to Police Commission. with a term to expire on Acril 30. 1997 Authorize use of annual leave - City Manager Wysocki - June 20. 1994: confirm accointment of Assistant City Manager Brev as Actina City Manaaer Proclamation - "Western Wear Week" - June 13-19. 1994 06-13-94 _". .u_ - 24 - It was moved by Commissioner Youngman, seconded by Commissioner Stiff, that the Commission approve the Consent Items as listed, and authorize and direct the appropriate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Stiff, Commissioner . Stueck, Commissioner Frost and Mayor Vincent; those voting No, none. Adjournment - 5:32 c.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Stueck, seconded by Commissioner Frost, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stueck, Commissioner Frost, Commissioner Youngman, Commissioner Stiff and Mayor Vincent; those voting No, none. ~~ - - . ATTEST: (2~ J ~/I~ ROBIN L. SULLIVAN Clerk of the Commission . 06-1 3-94